ARTICLE SECOND.

Jails; jail discipline; and regulations concerning the confinemENE and care of prisoners.

Bec. 120. Jail in New York city.

121. Jails in other counties.

122. Either of several jails may be used.

123. Civil and criminal prisoners to be kept separate.

124. Males and females to be kept separate.

125. Penalties.

126. Jail physician.

127. Issue of new execution when sick prisoner escapes.

128. Sale of liquor in jails.

129. Permit, when granted.

130. Penalties for violation.

131. Service of papers on prisoner.

132. Sheriff to permit access for that purpose.

133. Prisoners under United States process.

134. Sheriff answerable for their custody.

120. [Omitted; see Table, p. iii.] Jail in New York city. The building now used as a jail in the city of New-York, for the confinement of prisoners in civil causes, shall continue to be the jail of the city and county of New-York, for the confinement of such persoas; and the sheriff of the city and county of New-York shall have the custody thereof and of the prisoners in the same.

From 2 R. S. 428 (Part 3, c. 7, tit. 6), § 12; 1 R. S. 380 (Part 1, c. 12, tit. 2), § 75.

§ 121. [Omitted; see Table, p. ffi.] Jails in other counties. The buildings, now used as the jails of the other counties of the State, shall continue to be the jails of those counties respectively, until other buildings have been designated or erected for that purpose, according to law; and the sheriff of each county shall have the custody of the jail or jails of his county, and of the prisoners in the same.

From 2 R. 3. 428 (Part 3, c. 7, tit. 6), § 13; 1 R. S. 380 (Part 1, c. 12, tit. 2), § 75.

§ 122. [Omitted; see Table, p. iii.] Either of several jails may be used.

The sheriff of a county, in which there is more than one jail, may confine a prisoner in either; and may remove him from one jail to another, within the county, whenever he deems it necessary for his safe keeping, or for his appearance at court.

From 2 R. S. 430 (Part 3, c. 7, tit. 6), § 24.

§ 123. [Omitted; see Table, p. iii.] Civil and criminal prisoners to be kept separate.

A prisoner, arrested in a civil cause, must not be kept in a room, in which any prisoner, detained on a criminal charge or conviction, is confined.

From 2 R. S. 428 (Part 3, e. 7, tit. 6), § 8.

§ 124. [Omitted; see Table, p. iii.] Males and females to be kept separate.

Male and female prisoners must not be put in the same room; except that a husband and his wife may be put or kept together, in a room wherein there are no other prisoners.

From Id., 10.

Penalties.

§ 125. [Omitted; see Table, p. ili.] A sheriff, or other officer, who wilfully violates any of the foregoing provisions of this title, forfeits to the person aggrieved, treble damages. He is also guilty of a misdemeanor, and shall be punished accordingly. A conviction also operates as a forfeiture of his office.

From Id., § 11.

§ 126. [Omitted; see Table, p. iii.] Jail physician.

The board of supervisors of each county, except New-York, must appoint some reputable physician, duly authorized to practice medicine, as the physician to the jail of the county. If there is more than one jail they must appoint a physician to each. The common council of the city of New-York must appoint a similar physician, to the jail of that city and county. The physician to a jail holds his office at the pleasure of the board which appointed him, except in the county of Kings. In that county, the term of his office is three years.

From 2 R. S. 430 (Part 3, c. 7, tit. 6), § 28, as am'd by L. 1869, c. 418.

§ 127. [Am'd, 1895. Bracketed part omitted, 1909; see Table, p. iii.] Issue of new execution when sick prisoner escapes. [If the physician to a jail, or, in case of vacancy, a physician acting as such, and the warden or jailer, certify in writing, that a prisoner, confined in the jail in a civil cause, is in such a state of bodly health that his life will be endangered unless he is removed to a hospital for treatment, the county judge, or, in the city and county of New York, one of the justices of the supreme court, must, upon application, make an order, directing the removal of the prisoner to a hospital within the county designated by the judge; or, if there is none, to such nearest hospital as the judge directs; that the prisoner be kept in the custody of the chief officer of the hospital until he has sufficiently recovered from his illness, to be safely returned to the jail; that the chief officer of the hospital then notify the warden or jailer, and that the latter thereupon resume custody of the prisoner.] If a prisoner actually escapes, while going to, remaining at, or returning from a hospital, to which he has been ordered removed pursuant to section 355 of the Prison Law, a new execution may be issued against his person, if he was in custody by virtue of an execution; or, if he was in custody by virtue of an order of arrest, a new order of arrest may be granted, upon proof by affidavit of the facts specified in this section, without other proof and without an undertaking. From L. 1873, c. 299, § 1. Am'd by L. 1895, c. 946; L. 1909, c. 65.

§ 128. [Omitted; see Table, p. ifi.] Sale of liquor in jails. Strong, spirituous, or fermented liquor, or wine, shall not, on any pretence, be sold within a building used and established as a jail. Spirituous, fermented or other liquor, except cider, and that quality of beer called table-beer, shall not be brought into a jail for the use of a person confined therein, without a written permit by the physician to the jail, which must be delivered to and kept by the keeper thereof, specifying the quantity and kind of liquor which may be furnished, the name of the prisoner for whom, and the time during which the same may be furnished. From 2 R. S. 431 (Part 3, c. 7. tit. 6), § 29.

129. [Omitted; see Table, p. ii.] Permit, when granted. Such a permit shall not be granted, unless the physician is satisfied, that the liquor allowed to be furnished is necessary for the

health of the prisoner, for whose use it is permitted, and that fact must be stated in the permit.

From Id., 30.

130. [Omitted; see Table, p. iii.] Penalties for violation.

A person who brings into or sells in a jail, strong, spirituous, fermented, or other liquor, or wine, contrary to the foregoing provisions of this article; or a sheriff, keeper of a jail, assistantkeeper, or an officer, or person employed in or about a jail, who knowingly suffers liquor or wine to be sold or used therein, contrary to this article, is guilty of a misdemeanor, and shall be punished accordingly. A conviction also operates as a forfeiture of

his office.

From Id., § 31.

} 181. Service of papers on prisoner.

A sheriff or jailer, upon whom a paper in an action or special proceeding, directed to a prisoner in his custody, is lawfully served, or to whom such a paper is delivered for a prisoner, must, within two days thereafter, deliver the same to the prisoner, with a note thereon of the time of the service thereof upon, or the receipt thereof by him. For a neglect or violation of this section, the sheriff or jailer, guilty thereof, is liable to the prisoner for all damages occasioned thereby.

From Id., 32.

182. Sheriff to permit access for that purpose.

Subject to reasonable regulations, which the sheriff may estabtish for that purpose, a sheriff, jailer, or other officer, who has the custody of a prisoner, must permit such access to him as is necessary, for the personal service of a paper in an action or special proceeding, to which the prisoner is a party, and which must be personally served.

New.

133. Prisoners under United States process.

A sheriff must receive into his jail and keep a prisoner, committed to the same, by virtue of civil process issued by a court of record, instituted under the authority of the United States, until he is discharged by the due course of the laws of the United States, in the same manner as if he was committed by virtue of a mandate in a civil action, issued from a court of the State. The sheriff may receive, to his own use, the money payable by the United States for the use of the jail.

From 2 R. S. 443 (Part 3, c. 7, tit. 6), § 96.

184. Sheriff answerable for their custody.

A sheriff or jailer, to whose jail a prisoner is committed, as prescribed in the last section, is answerable for his safe keeping, in the courts of the United States, according to the laws thereof. From Id., § 97.

خانه

ARTICLE THIRD.

Temporary jails, and temporary removal of prisoners from jail,

Bec. 135. When Jail becomes unfit, etc., another to be designated.

136. Designation, how annulled.

187. Copy of designation to be served on the sheriff, etc.

138. Prisoners already upon jail liberties.

139. Jail liberties to prisoner, who becomes entitled thereto, before removal.

140. Id.; to prisoners removed.

141. When designation to be revoked, etc.

142. Copy of revocation to be served on sheriff; sheriff's duty thereon 143. Removal of prisoners in case of fire.

144. What officer to act in case of absence, etc.

135. [Omitted; see Table, p. iii.] When jail becomes unât, etc., another to be designated.

If there is no jail in a county; or the jail becomes unfit or unsafe for the confinement of some or all of the prisoners, or is destroyed by fire or otherwise; or if a pestilential disease breaks out in the jail, or in the vicinity of the jail, and the physician to the jail certifies that it is likely to endanger the health of any or all of the prisoners in the jail; the county judge, or, in the city and county of New-York, the presiding justice of the appellate division of the supreme court of the first department must, by an instrument in writing, filed with the clerk of the county, designate another suitable place within the county, or the jail of a contiguous county, for the confinement of some or all of the prisoners, as the case requires. The place so designated thereupon becomes, to all intents and purposes, except as otherwise prescribed in this article, the jail of the county for which it has been so designated, and the purposes expressed in the instrument designating the same.

From 2 R. S. 428, 430 (Part 3. c. 7, tit. 6), § 14, 26, 27. Am'd by L. 1877, c. 416; L. 1895, c. 946.

186. [Omitted; see Table, p. iii.] Designation, how annulled, The designation may be modified or revoked, by the judge making the same, by a like instrument in writing, filed with the clerk of the county.

From 2 R. S. 428, 430 (Part 3, c. 7, tit. 6), § 15.

§ 187. [Omitted; see Table, p. iii.] Copy of designation to be served on the sheriff, etc.

The county clerk must serve a copy of the designation, duly certified by him, under his official seal, on the sheriff and keeper of the jail of a contiguous county so designated. The sheriff of that county must, upon the delivery of the sheriff of the county for which the designation is made, receive into his jail, and there safely keep, all persons who may be lawfully confined therein, pursuant to this article; and he is responsible for their safe keeping, as if he was the sheriff of the county for which the designation is made. From Id., § 16, 17.

138. [Am'd, 1909.] Prisoners already upon jail liberties. If a prisoner has been admitted to the liberties of the jail of the county, for which a designation is made, pursuant to section 351 of the Prison Law, he must, notwithstanding, remain within those liberties; but he may be removed by the sheriff, to whom he has

given bond for the liberties, to the jail or other place so designated, and confined therein, in a case where the sheriff might confine him in the jail of his own county.

§ 139. Jail liberties to prisoner, who becomes entitled thereto, before removal.

If a person, who is arrested, before or after the designation, by the sheriff of the county for which the designation is made, becomes entitled, after the designation, and before his removal, to the liberties of the jail, he must be admitted to the liberties of the jail of that county, as if the designation had not been made; but he may be removed by the sheriff to the jail, or other place, so designated, and confined therein, in a case where the sheriff might confine him in the jail of his own county.

From Id., 19.

140. [Am'd, 1909.] Id., to prisoners removed.

If a person confined in or removed to the jail of a contiguous county, designated as prescribed in article 13 of the Prison Law, becomes entitled to the liberties of the jail, the sheriff of that county must admit him to the jail liberties, as if he had been originally arrested by that sheriff, on a mandate directed to him. From Id., § 20. Am'd by L. 1909, chs. 65 and 240 (in effect April 22, 1909).

§ 141. [Am'd, 1909.] When designation to be revoked. When a jail is erected for the county, for whose use the designation, pursuant to section 351 of the Prison Law, was made, or its jail is rendered fit and safe for the confinement of prisoners, or the reason for the designation of another jail or place has otherwise ceased to be operative, the designation must be revoked, as prescribed in this article and section 352 of the Prison Law."

From Id., § 21. Am'd by L. 1909, chs. 65 and 240 (in effect April 22, 1909).

$142. Copy of revocation to be served on sheriff; sheriff's duty thereon.

The county clerk must immediately serve a copy of the revocation, duly certified by him under his official seal, upon the sheriff of the same county; who must remove the prisoners belonging to his custody, and confined without his county, to his proper jail. If a prisoner has been admitted to the jail liberties in the other county, he must also be removed; and he is entitled to the liberties of the jail of the county, to which he is removed, without a new bond, as if he had been originally admitted to the jail liberties in that county; and the bond given by him applies accordingly to those liberties. From Id., § 22.

§ 143. [Omitted; see Table, p. iii.] Removal of prisoners in case of fire.

If, by reason of a jail, or a building near a jail, being on fire, there is reason to apprehend that some or all of the prisoners confined in the jail, may be injured, or may escape, the sheriff or keeper of the jail may, in his discretion, remove them to some safe and convenient place, and there confine them, until they can be safely returned to the jail: or, if the jail is destroyed, or so injured, that it is unfit or unsafe for the confinement of the prisoners, until a designation is made, as prescribed in section 135 of this act.